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    Re: Who gets the house

    Posted by Traci Allen on 5/01/06

    On 4/30/06, sharwinston wrote:
    > Here's my $0.02: You do not say when the will[s] was made. If
    > the will was made when the testator (person who makes a will) was
    > fully competent and the will was properly witnessed as required
    > under the laws of your state, the will absolutely controls.
    > Furthermore, as far as I know, the law in all 50 states requires
    > that conveyances of real property be in writing (deed).
    > In many states, upon the person's death: if the person received
    > state-assisted medical care (i.e. in California, it's Medi-Cal),
    > the State will bill the person's estate for the cost of coverage
    > pursuant to the laws/regulations of their state. If the bill is
    > not paid by the estate, the State will lien the real property.
    > (Yes, I have heard there are "ways around this.")
    > Bottom line: If the person has already written a valid will, the
    > will controls. Just because you have conservatorship of the
    > person while they are alive does not mean you get to write another
    > will naming you as the beneficiary.
    > Since you apparently do not understand what a conservatorship is,
    > just google: [your state] + conservatorship. Conservatorship laws
    > vary only slightly from state to state.
    > The house goes to the niece IF the will is valid --
    > conservatorship or no conservatorship. Of course, if the real
    > property is slapped with a State lien, then the niece will have to
    > deal with the lien issues.
    > If the house is deeded by the elderly person to someone else and
    > the transfer is void of any fraud, oppression, undue influence,
    > etc., then it's not in the estate at her death, and there would be
    > no house for the niece to get.
    > On 4/30/06, Traci Allen wrote:
    >> On 4/30/06, sharwinston wrote:
    >>> You say you have a lawyer. You should be asking your lawyer
    >>> these questions.
    >>> On 4/30/06, Traci Allen wrote:
    >>>> My husband and I have conservatorship of an elderly couple.
    >>>> Acutally our neighbors who have no family other than a
    >>>> niece who is in her late 70's with medical trouble and
    >>>> lives in anther state. we are in california, we were told
    >>>> by our lawyer that the conservatorship over rides the wills
    >>>> and in the wills it state that the house would go to the
    >>>> niece, who has told us she would sell it to us when the
    >>>> time is appropriate. we have been told that the state,
    >>>> (medical) would take the house because the wife is in long
    >>>> term convelescent care. the husband still resides in the
    >>>> home. We take him everyday to have lunch with his wife.
    >>>> There are no outstanding medical bills, so how can the
    >>>> state take away thier home? both had told us before the
    >>>> wife became ill and in convelescent care that we could have
    >>>> the house because they had no one to give it to, but
    >>>> because of thier ages we didnt do anything as far as
    >>>> changing the deed for we didnt want anyone to think the
    >>>> wrong way and our main concern was thier care and well
    >>>> being. Any advise? thank you
    >> the lawyer was for the conservatorship process, but thank you
    >> for your time anyways.
    Thank you very much for your time and valueable information. It is
    greatly appreciated. traci allen

    Posts on this thread, including this one
  • Who gets the house, 4/30/06, by Traci Allen.
  • Re: Who gets the house, 4/30/06, by sharwinston.
  • Re: Who gets the house, 4/30/06, by Traci Allen.
  • Re: Who gets the house, 4/30/06, by sharwinston.
  • Re: Who gets the house, 5/01/06, by Traci Allen.
  • Re: Who gets the house, 5/01/06, by Carol.

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